IR 05000245/1981015
| ML20052G059 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/05/1982 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Counsil W NORTHEAST NUCLEAR ENERGY CO. |
| Shared Package | |
| ML20052G060 | List: |
| References | |
| NUDOCS 8205140273 | |
| Download: ML20052G059 (2) | |
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5 MAY 1982
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Docket Nos. 50-245 50-336 Northeast Nuclear Energy Company j\\
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ATTN:
Mr. W. G. Counsil s
Senior Vice President - Nuclear 6'
Engineering and Operations Group GECEll/ED M, P g bO2A 4 P. O. Box 270 J
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D-U Hartford, Connecticut 06101
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$V 3 no Gentlemen:
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Subject:
Inspection Nos. 50-245/81-15; 50-336/81-13 o) /,
This refers to your February 22, 1982 response to the Notice of Violation issued on January 22, 1982 in connection with our inspections 50-245/81-15 and 50-336/81-13. We have no further questions at this time regarding the corrective and preventive actions documented in your letter.
These actions will be examined during a future inspection of your licensed program.
Your letter also requested that we reevaluate the need to issue a Notice of Violation as well as the severity level and categorization of the Violation.
Regarding your be'ief that NRC enforcement action is unnecessary because the State of South Carolina had already taken such action, please note that this case involved violation of an NRC regulation in addition to a requirement of a state license.
Further, although the Interim Enforcement Policy (45 FR 66754)
did not address enforcement action in cases of concurrent jurisdiction, NRC Enforcement Policy (10 CFR Part 2, Appendix C), 47 FR 9987 (March 9,1982),
which became effective on March 9, provides further clarification.
In Section IV it states that in selecting the enforcement sanctions to be applied, NRC will consider enforcement actions taken by other Federal or State regulatory bodies having concurrent jurisdiction. As noted in our January 22 letter, such consideration was given and it was determined that only a Notice of Violation would be issued.
With regard to your statement concerning the severity level assigned to the violation,Section III of the new NRC Enforcement Policy makes clear the status and purpose of the examples provided in the supplement to Appendix C.
It states that while examples are provided for determining the appropriate severity levels, the examples are neither exhaustive nor controlling.
The fact that Supplement IV, Sections A.5 and B.6 to the Interim Enforcement Policy, referred only to 10 CFR 20.303 and 10 CFR 20.304 (and the corresponding Sections, A.4 and 8.5 of the new NRC Enforcement Policy refer only to 10 CFR 20.303) does not limit the scope of Section C.6.
This is also indicated by the wording of C.6, ". Disposal of licensed material not covered in Severity Levels I or II."
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0FFICIAL RECORD COPY 8205140273 820505 PDR ADOCK 05000245 G
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Northeast Nuclear Energy Company
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5 MAY 1982 i
In. regard to your belief that the violaticn should be categorized as a-Severity Level V or VI violation under Supplement V (Transportation), we also considered i
categorizing this item as a Supplement V violation.
Even under Supplement V, we would categorize the violation at a Severity Level III, because inadequate
packaging occurred, resulting in improper identification of the form of the material.
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i We find no basis for withdrawing the violation or for reducing the severity levei as you have suggested.
The violation, therefore, remains a Severity Level III violation.
Sincerely,
Thomas T. Martin, Director.
Division of Engineering and Technical Programs
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J. F. Opeka, Vice President, Nuclear Operations
E. J. Mroczka, Station Superintendent
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O. G. Diedrick, Manager of Quality Assurance
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R. T. Laudenat, Manager, Generation Facilities Licensing
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South Carolina Department of Health and Environmental Control Director, Region I Motor Carrier Safety Fleet, U.S. DOT
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Public Document Room (PDR)
Local Public Document Room (LPDR)
Nuclear Safety Information Center (NSIC)
State of Connecticut NRC Resident Inspector bcc:
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Region I Docket Room (with concurrences)
i R. T. Carlson, Director, I&E Staff, Region I E. Brunner, Chief, PB #1, Region I J. Lieberman, Acting Director of Enforcement, IE Director, DPRP
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